Collective Actions in Europe : A Comparative, Economic and Transsystemic Analysis / by Csongor István Nagy.

Format:

Book

Author/Creator:

Nagy, Csongor István., Author.

Series:

SpringerBriefs in Law, 2192-8568

Language:

English

Subjects (All):

Law--Europe.

Law.

Conflict of laws.

International law.

Comparative law.

Administrative law.

European Law.

Private International Law, International and Foreign Law, Comparative Law.

Administrative Law.

Local Subjects:

European Law.

Private International Law, International and Foreign Law, Comparative Law.

Administrative Law.

Physical Description:

1 online resource (IX, 122 p.)

Edition:

1st ed. 2019.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2019.

Language Note:

English

Summary:

This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system. This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Contents:

Introduction

Why are collective actions needed in Europe: Small claims are not reasonably enforced in practice and collective actions ensure effective access to justice

Major European objections and fears against the opt-out system: Superego, ego and ID

Transatlantic perspectives: Comparative law framing

European models of collective actions

Conclusions.

ISBN:

9783030242220

3030242226

OCLC:

1119537250

Access Restriction:

Open access Unrestricted online access